INTERNATIONAL : CHILE - COMPETITION LAW - REFORMS - EFFICIENCY

Competition enforcement in Chile : A necessary overview

Chile´s competition law framework has been subject to important reforms the last ten years, which have revamped the enforcement activity of the agency (FNE) revealing a strong decision to deter infringements, through high administrative fines imposed by the Competition Tribunal (TDLC). Competition assessment of cases by the authorities in charge have recognizably fulfilled the standards applied in comparative jurisprudence and by legal and economic doctrine regarding the core lines of enforcement, such as cartels, abuse of dominance and merger control. The cases currently being prosecuted demonstrate that smaller agencies with clear priorities can tackle important competition concerns of the general public, such as domestic cartels. Core policy issues will need to be addressed in the near future by government and congress, in order to improve the merger control mechanism and in cartel enforcement, establish full immunity from criminal prosecution to make more efficient Chile´s leniency program.

Introduction 1. Chile´s competition law system is one of the first established in Latin America. In 1934 Mexico enacted competition regulations but it was in Chile were incipient enforcement activities were first put in force with established institutions, through Law No. 13.305, in 1959 [1]. After 50 years of the introduction of this first legal framework, Chile has developed a unique system with a two-tier organizational structure, recognizable robust in procedural safeguards for parties and amounting to numerous cornerstone decisions [2] with respect to the main lines of competition enforcement -mergers, abuse and cartel control-. Some aspects, understandably, require further improvement in order to provide more efficient outcomes, particularly with respect to merger review and

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Auteur

  • Chilean Competition Authority (Santiago)

Citation

Jaime Barahona, Competition enforcement in Chile : A necessary overview, décembre 2012, Concurrences N° 4-2012, Art. N° 49296, www.concurrences.com

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